Court-Martial Trial Practice Blog

New York Times Sunday Review.

You may remember that CAAF dealt with MSRP in a number of cases.  See e.g. United States v. Pena, 64 M.J. 259 (C.A.A.F. 2007)(not cruel and unusual punishment; not an increase in punishment based on the facts; failure to explain this collateral consequence doesn’t make plea improvident). We do not…

I remember studying Miranda and a couple of other significant constitutional law cases in school.  We also learned that the case decision didn’t necessarily help the individual.  It wasn’t Miranda, but another one got stabbed to death in jail after his case was decided, Escebedo, I think. So, Professor Friedman…

Petty Officer Savala was discharged from the naval service 28 July 2011.

DMLHS at CAAFLog is reporting a decision in United States v. Lee. NMCCA did not find error on any of the reasons advocated by the appellant.  However, they set-aside the findings and authorized a rehearing. DMLHS notes that Capt Lee was represented by a non-Code 45 advocate:  I listened to…

On 27 July CAAF issued a summary disposition in: No. 11-0486/NA. U.S. v. Akeem A. WILKINS. CCA 201000289. Review granted on the following issue: WHETHER APPELLANT’S RIGHT TO DUE PROCESS OF LAW WAS VIOLATED WHEN HE WAS CONVICTED FOR ABUSIVE SEXUAL CONTACT AS A LESSER INCLUDED OFFENSE OF AGGRAVATED SEXUAL…

Take a look at United States v. Magnon, in which NMCCA finds that a prosecutors closing argument on the merits was: The trial counsel’s argument was inartful; it was not a model of how a trial counsel should close his case; and it was improper. While portions of his argument…

Where are we at. CrimProfBlog brings us: Cicchini on the Confrontation Clause Michael D. Cicchini has posted Dead Again: The Latest Demise of the Confrontation Clause (Fordham Law Review, Vol. 80, 2011) on SSRN. Here is the abstract: In Crawford v. Washington, the Supreme Court abandoned its Roberts “reliability” approach…

Federal Evidence Review brings to us a useful argument about the “notorious” slippery slope between propensity evidence and evidence admitted under Mil. R. Evid. 404(b).  I’ve noted elsewhere the tendency of prosecutors of making talismanic assertions that, “it’s evidence of intent, motive, modus, your honor.” The defense and judges need…

In United States v. McLean, the AFFCA determined that aggravated assault is an LIO of maiming.  The defense theory on appeal, but not at trial, was that the AA was not a listed LIO (an issue addressed in Jones).  Just because it is or isn’t listed as an LIO in…